Browsing by Author "KUDIRAT MAGAJI W.OWOLABI"

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    A CRITICAL ASSESSMENT OF ENFORCEMENT MECHANISM UNDER CUSTOMARY ARBITRATION PRACTICES IN NIGERIA.
    (FACULTY OF LAW, UNIVERSITY OF MAIDUGURI, 2019-04-19) KUDIRAT MAGAJI W.OWOLABI
    The article examines the existence of customary arbitration and the enforcement of its awards in Nigeria prior to the emergence of adversarial system of resolving disputes which was introduced by the British colonial administration. The aim is to discuss the historical background and the enforcement mechanism under customary arbitration practices in Nigeria. the article examines, in the constitutional and judicial contexts, the question of how the practice of customary arbitration has bee recognised in Nigeria. the article further contends that by the arrival of the British, certain conditions must be satisfied before arbitration conducted under customary law could be valid and enforceable. However, the introduction of the English legal system which is litigation centered did a lot of damage to customary system of dispute resolution. The unjustified conditions introduced which was influenced by the British doctrines for the enforcement of customary award has no basis in law and is detrimental. It is further argued that the attitude of our judges towards customary arbitration is inspired by an inherent colonial legacy which can be traced to the colonial sense of supremacy which relegates customary law to a status inferior to English law and the failure on the part of our judicial officers to creatively outgrown that legacy
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    DETERMINING THE ARBITRABILITY OF THE SUBJECT MATTER DISPUTE BY THE NIGERIAN COURTS AND ITS IMPACTS ON THE AWARDS
    (FACULTY OF LAW, REDEEMER UNIVERSITY, EDE., 2023-04-16) KUDIRAT MAGAJI W.OWOLABI
    Globally, the issue of whether a particular subject is capable of being settled by arbitration or not is neither here nor there because it varies from jurisdiction to jurisdiction and besides, peculiarity of each State contributes to the kinds of disputes each State considers arbitrable. Thus, while a particular matter may be arbitrable in a specific State, it might not be in another State. The paper considered the concept of arbitrability from the relevant provisions in the ACA and its Second schedule. The paper discovered that to determine the question whether a dispute is arbitrable, recourse must be made to Section 35 and 57 of the Arbitration and Conciliation Act 2004 (ACA) and judicial cases in Nigeria. The paper argued that the narrow interpretation by the Nigerian courts on ‘arbitrability’ based on these identified provisions of the ACA 2004 which restricts disputes to contractual and commercial disputes only prevents the enforcement of foreign awards from jurisdictions with liberal interpretation.